OMB recommends nullifying DOL, DOI, and DOE final rules

The Office of Management and Budget has issued a statement disapproving four final regulations published as early as August 1, 2016. This takes the form of a House resolution (cited H.J. Res.) to nullify the regulations, and if passed by both chambers of Congress, the rules will be repealed.

H.J. Res. 42 would nullify the Employment and Training Administration’s Federal-State Unemployment Compensation Program; Middle Class Tax Relief and Job Creation Act of 2012 Provision on Establishing Appropriate Occupations for Drug Testing of Unemployment Compensation Applicants 81 Fed. Reg. 50298 (August 1, 2016, effective September 30, 2016), promulgated by the Department of Labor. For context, the rule states: Continue reading “OMB recommends nullifying DOL, DOI, and DOE final rules”

Trump signed Pres. memo, “Construction of Dakota Access Pipeline” and “Construction of Keystone XL Pipeline”

The first memo allows the Dakota Access pipeline to use the old EIS for permitting purposes. The second memo invites the Keystone XL parent company to reapply for permits from the Dept. of State

The Dakota Access pipeline is a mostly finished construction except for the controversial section crossing the Missouri River that is dangerously close to the Standing Rock Sioux Tribe’s source of drinking water. On Jan. 18, the Army Corps of Engineers issued a notice of intent to prepare an environmental impact statement (EIS) specifically find “(1) Alternative locations for the pipeline crossing the Missouri River, (2) Potential risks and impacts of an oil spill, and potential impacts to Lake Oahe, the Stand Rock Sioux Tribe’s water intakes, and the Tribe’s water, treaty, fishing, and hunting rights; and (3) Information on the extent and location of the Tribe’s treaty rights in Lake Oahe. Continue reading “Trump signed Pres. memo, “Construction of Dakota Access Pipeline” and “Construction of Keystone XL Pipeline””

Trump signed E.O., “Expediting Environmental Reviews and Approvals for High Priority Infrastructure Projects”

This executive order calls on the CEQ to identify “high priority” infrastructure projects and expedite deadlines for environmental reviews and proposals.

 

Sec. 2. Identification of High Priority Infrastructure Projects. With respect to infrastructure projects for which Federal reviews and approvals are required, upon request by the Governor of a State, or the head of any executive department or agency (agency), or on his or her own initiative, the Chairman of the White House Council on Environmental Quality (CEQ) shall, within 30 days after a request is made, decide whether an infrastructure project qualifies as a “high priority” infrastructure project. This determination shall be made after consideration of the project’s importance to the general welfare, value to the Nation, environmental benefits, and such other factors as the Chairman deems relevant.

Sec. 3. Deadlines. With respect to any project designated as a high priority under section 2 of this order, the Chairman of the CEQ shall coordinate with the head of the relevant agency to establish, in a manner consistent with law, expedited procedures and deadlines for completion of environmental reviews and approvals for such projects. All agencies shall give highest priority to completing such reviews and approvals by the established deadlines using all necessary and appropriate means. With respect to deadlines established consistent with this section that are not met, the head of the relevant agency shall provide a written explanation to the Chairman explaining the causes for the delay and providing concrete actions taken by the agency to complete such reviews and approvals as expeditiously as possible.

Read in full: Executive Order Expediting Environmental Reviews and Approvals For High Priority Infrastructure Projects